Section 1 Short title
This Act may be cited as the “Reforming American Indian Standards of Education Act of 2016” or the “RAISE Act of 2016”.
Reforming American Indian Standards of Education Act of 2016
A BILL
To establish the Indian Education Agency to streamline the administration of Indian education, and for other purposes.
Sec. 2 Definitions
In this Act:
Agency— The term Agency means the Indian Education Agency established by section 3(a).
Assistant Director— The term Assistant Director means, as applicable—
the Assistant Director of Education Curriculum described in section 3(c)(1); or
the Assistant Director of Facilities Management described in section 3(c)(2).
Department— The term Department means the Department of the Interior.
Director— The term Director means the Director of Indian Education described in section 3(b)(1).
Indian tribe— The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Secretary— The term Secretary means the Secretary of the Interior.
Sec. 3 Establishment
In general— There is established within the Department an independent agency to be known as the “Indian Education Agency”.
Director—
In general— The head of the Agency shall be the Director of Indian Education.
Appointment— The Director shall be appointed by the President by and with the advice and consent of the Senate.
Period of appointment— The Director shall be—
appointed for a term of 6 years; and
eligible for reappointment for an unlimited number of terms.
Removal— The Director may be removed by the President before the expiration of the term of the Director only for cause.
Vacancies— Any vacancy in the position of Director shall not affect the functions or authorities of the Agency, but shall be filled in the same manner as the original appointment.
Assistant Directors—
Assistant Director of Education Curriculum—
In general— There shall be in the Agency an Assistant Director of Education Curriculum, who shall be appointed by the Director.
Duties— The Assistant Director shall be responsible for the functions of the Agency—
relating to education curriculum; and
that the Director may delegate to the Assistant Director.
Assistant Director of Facilities Management—
In general— There shall be in the Agency an Assistant Director of Facilities Management, who shall be appointed by the Director.
Duties— The Assistant Director shall be responsible for the functions of the Agency—
relating to facilities management; and
that the Director may delegate to the Assistant Director.
Sec. 4 Termination of Bureau of Indian Education; transfer of functions
Termination of Bureau of Indian Education— Effective beginning on the date of enactment of this Act, the Bureau of Indian Education (including any predecessor office described in Federal law) is terminated.
Transfer of functions—
In general— Any function or authority relating to Indian education that, as of the day before the date of enactment of this Act, was performed or carried out by the Secretary or any bureau, office, or other unit of the Department is transferred to the Director.
References— Any reference in any other Federal law to the Secretary, the Department, or any bureau, office, or other unit of the Department with respect to the functions or authorities transferred under paragraph (1) is deemed to refer to the Director or the Agency, as appropriate.
Sec. 5 Reports
In general— Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Director, in consultation with affected Indian tribes, shall prepare a report describing the implementation of this Act, including—
the activities of the Agency;
an assessment of the effectiveness of this Act; and
recommendations for legislation to improve the functioning of the Agency.
Submission— The Director shall submit each report described in subsection (a) to—
the Committee on Indian Affairs of the Senate;
the Committee on Natural Resources of the House of Representatives; and
the Committee on Education and the Workforce of the House of Representatives.
Sec. 6 Regulations
Sec. 7 Personnel
Compensation of Director and Assistant Directors—
Director— The Director shall be compensated at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Assistant directors— Each Assistant Director shall be compensated at a rate equal to that of level V of the Executive Schedule under section 5316 of title 5, United States Code.
Travel expenses— The Director and each Assistant Director shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of their duties.
Staff—
Transfer of personnel— Effective beginning on the date of enactment of this Act, the personnel employed in connection with the functions or authorities transferred under section 4(b)(1) are transferred to the Director.
Additional personnel— The Director may, without regard to the civil service laws, appoint and terminate such additional personnel as may be necessary to enable the Director to perform the functions of the Director.
Compensation— The Director may fix the compensation of the personnel of the Agency other than the Director or the Assistant Directors without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title.
Detail of government employees— Any Federal Government employee may be detailed to the Agency without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
Procurement of temporary and intermittent services— The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
Preference—
In general— In the selection of each individual to be employed by the Director pursuant to section 3(c) and subsections (b)(2), (c), and (d) of this section, the Director shall give preference to members of Indian tribes.
Applicability— The preference described in paragraph (1) shall apply only to initial hiring, and shall not apply to promotion, lateral transfer, reassignment, reductions in force, or any other employment practice.
Civil service laws— All personnel of the Agency other than the Director shall be covered by the civil service laws.
Sec. 8 Authorization of appropriations
There are authorized to be appropriated to the Director such sums as are necessary to carry out this Act.